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Skylarking

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Must be some substance to the piece of paper being signed stating about a cars registration status as I believe it was drafted by the MTAA in conjunction with the coppers

It's the way it works these days...Covering ones ass
Yes it’s all arse covering by a business but their arse may not be as covered as they hope is what I’m saying.

And, just because the MTAA drafts some document that portrays their view of the law, that doesn’t make it law… it’s still just their view… Just have to look at JB HiFi’s recent interpretations of ACL around what is reasonable warranty duration which is FUBAR as they claim all sorts of stuff that isn’t in the legislation so has zero bearing…

Only a judge can interpret law and make a ruling and if he’s at the top of the legal food chain it’s called precedent..

Police aren’t much better at interpreting law if we consider some of the huge FUBAR’s the Victorian Police have made with respect to sworn statements and police informers… Police aren’t legal scholars and have often it wrong big time on a few occasions; IIRc = serious criminals let out of goal as a consequence. …

In this case of unregistered driving, the judge would have to find in one’s favour in a “mistake of fact” defence which is never a given (and it means $$ spent in lawyers). Hopefully the police would be more understanding before they even take someone down that path but thats not a given either so I wouldn’t hold my breath too long…

Which is why it’s so much easier for a business to put in processes when the workshop office chick or dude always makes an online rego check (always) and doesn’t rely on a piece of paper which may carry no legal weight. It‘s much easier than going through some convoluted legal headfuck is what I’m saying :p YMMV:p
 

Skylarking

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Well yes but if idiot mechanics didn’t decide to take their customers car out for a flog we wouldn’t have this problem at all, would we. :rolleyes:
Sometimes the mechanic needs to go for a test drive but you’d hope they are professional enough drive appropriately and legally for the test/check they are performing.

Decades and decades ago I was at a mechanics (friend) when a customer turned up with a complaint about a flat spot on acceleration. The mechanic said he’d look at it soon but in the mean time suggested he take me for a drive and show me… That guy did 11’s in 1st, 2nd and 3rd and filled the street with smoke… Ah the old days… Obviously not a standard car and obviously the mechanic will do similar checks but I’d suspect he’d have difficulty finding any flat spot… Come to think of it, I think it was a stitch up. Did I say ah the good old days :p:p:p
 

keith reed

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We are taking the news report at face value that the car is worth $150,000. They didn't know if it was a v8 or had the Nissan motor. As for being rare they are not, uncommon yes, but definitely not rare.

The owner might have spent a small fortune on the car but that doesn't necessarily make it worth any more. The worth is going to be the amount he has it insured for.

My VH is insured for $52,500. If the same thing happened to me that's what I would I would be paid, not what I could hypothetically get if I sold it. The value of my car was what Shannons had seen a similar model sell for at auction plus $2,000 because mine was modified.

The best that could happen to old mate is that he could get his insurance paid out and buy the car back. He could then take all the good bits off, buy another one and start again.
 

keith reed

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Skylarking

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@keith reed yes the car is only worth what other buyers are will pay for it, or what its insured for in the event of a total loss, whichever is higher.

If the guy has good insurance, like Shanons, in the event of a total write off doesn’t the policy holder get to keep the vehicle without having to buy it back? (= yes if the car is greater than 35 years old)…

Whatever the case, it’s a PITA having to deal with stuff that isn’t your fault so I feel for the guy regardless of the vehicle‘s valued…
 

vc commodore

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We are taking the news report at face value that the car is worth $150,000. They didn't know if it was a v8 or had the Nissan motor. As for being rare they are not, uncommon yes, but definitely not rare.

The owner might have spent a small fortune on the car but that doesn't necessarily make it worth any more. The worth is going to be the amount he has it insured for.

My VH is insured for $52,500. If the same thing happened to me that's what I would I would be paid, not what I could hypothetically get if I sold it. The value of my car was what Shannons had seen a similar model sell for at auction plus $2,000 because mine was modified.

The best that could happen to old mate is that he could get his insurance paid out and buy the car back. He could then take all the good bits off, buy another one and start again.

Agreed, we don't know the true value.....That's something the owner and insurance company will definately be fighting about
 

vc commodore

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Yes it’s all arse covering by a business but their arse may not be as covered as they hope is what I’m saying.

And, just because the MTAA drafts some document that portrays their view of the law, that doesn’t make it law… it’s still just their view… Just have to look at JB HiFi’s recent interpretations of ACL around what is reasonable warranty duration which is FUBAR as they claim all sorts of stuff that isn’t in the legislation so has zero bearing…

Only a judge can interpret law and make a ruling and if he’s at the top of the legal food chain it’s called precedent..

Police aren’t much better at interpreting law if we consider some of the huge FUBAR’s the Victorian Police have made with respect to sworn statements and police informers… Police aren’t legal scholars and have often it wrong big time on a few occasions; IIRc = serious criminals let out of goal as a consequence. …

In this case of unregistered driving, the judge would have to find in one’s favour in a “mistake of fact” defence which is never a given (and it means $$ spent in lawyers). Hopefully the police would be more understanding before they even take someone down that path but thats not a given either so I wouldn’t hold my breath too long…

Which is why it’s so much easier for a business to put in processes when the workshop office chick or dude always makes an online rego check (always) and doesn’t rely on a piece of paper which may carry no legal weight. It‘s much easier than going through some convoluted legal headfuck is what I’m saying :p YMMV:p

I know sure as heck, the coppers try doing me for unregistered with a document signed stating different, I'll be bluing like no tomorrow and don't care if I share a cell with budda
 

keith reed

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@keith reed yes the car is only worth what other buyers are will pay for it, or what its insured for in the event of a total loss, whichever is higher.

If the guy has good insurance, like Shanons, in the event of a total write off doesn’t the policy holder get to keep the vehicle without having to buy it back? (= yes if the car is greater than 35 years old)…

Whatever the case, it’s a PITA having to deal with stuff that isn’t your fault so I feel for the guy regardless of the vehicle‘s valued…
We lost out by at least $10,000 when we sold our VE SS ute. I was parked in the company's car park. We all parked parallel to the road. As I was early I was parked further in. A truck came down a slope from the other side, the driver had left the handbrake off and the truck ran across the road into our cars. The first two were written off but unfortunately as I found out much later ours was fixed.

When they painted the car they took off the vin number. The vin number on the series one was a sticker. Holden would not reissue vin numbers. They do give paper work to say the vehicle is authentic however.

We only found out when tried to get a roadworthy prior to selling it. We did get one after we got the paperwork. I could not in good conscience sell it privately so I sold it to a car shark. I had no qualms selling it to them but lost out big time. He rang me a few days later asking why the ute didn't have a vin nunber so I told him exactly what happened. The ute had been fixed properly so I wasn't selling him a dud. I have no idea whether or not he was able to sell it. Caveat Emptor.

All the same it was sad to see it go as I had spent a bit of money on it. Cold air, extractors and 2 1/2 exhaust plus tune. Brembos back and front as well.
 

Skylarking

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I know sure as heck, the coppers try doing me for unregistered with a document signed stating different, I'll be bluing like no tomorrow and don't care if I share a cell with budda
I'd also be downright peeved as well if i was pulled over and ticketed but i wouldn't risk spending the night in jail and adding more charges to the mix.

That's why it's just so much easier for a business to put in processes to check themselves on-line and be 100% confidant they are not going to have issues.

Really, the rego stickers should never have been ditched but for saving a few dollars... tight arse pricks really...

Wonder what happens if a mechanic is test driving a car that police pull over and find unroadworthy (too low, too lound, too smelly, etc). Who pays the fine? the tow costs? the rectification? especially if the meachanic did half the stuff that made it unoadworthy :oops:
 
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